Contract_C22-012-O_Snow_Removal_Services_Fully Executed.pdf

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State of Wisconsin – UW-Milwaukee S. 51.01(5) Wis. Stats.; s. 111.32(13m) Wis. Stats

DOA-3049 (R08/2003) UWM-3049 (R1-14)

University of Wisconsin-Milwaukee Contract Issuing Agency: The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin Ȯ Milwaukee

Contractor: Property Solutions Contracting Andrew Novak, propertysolutionscontracting@gmail.com

(262) 825ʹ2877 7245 W. Concord Creek Dr Mequon, WI 53092

Contract Number: C22-012-O [PP100061] Snow Removal Services UWM Off Campus Parking Lot

Contract Administrator:

Prasanna Nanda Director ʹ UWM Transportation Services

(414) 229-3076 nanda@uwm.edu

Contract Manager:

Colleen Fisher Procurement Specialist

(414) 229-6061 fisher49@uwm.edu

This Contract is entered into by and between the Issuing Agency and Supplier set forth above.

1. SCOPE OF SERVICES

This Contract is for commercial snow removal services at the University of Wisconsin Milwaukee Off Site Parking Lot. This contract allows for the purchase of similar or like services. Snowplowing is to be done according to normal accepted industry standards.

2. TERM

The Contract will be for a one (1) initial year period from October 15, 2021, through October 14, 2022, with three (3) optional one (1) year renewals by mutual consent. Upon Contract expiration, the Contract may revert to a month-to-month contract under the same terms and conditions until which time a new contract is awarded.

3. SCOPE OF WORK:

3.1 All driving aisles and parking lot exits must be kept clear.

3.2 All shuttle boarding and waiting places at the lot must be kept clear.

3.3 Sno ȱremo�alȱ illȱ�akeȱplaceȱaf�erȱŘȄȱofȱ�no ȱha�ȱacc�m�la�edȱa�ȱ�he Capital/Humboldt UPark

Lo�ǯȱȱIfȱ�no ȱremo�alȱorȱ�al�ingȱi�ȱneededȱpriorȱ�oȱŘȄȱacc�m�la�ionǰȱUWMȱ illȱcon�ac�ȱ�heȱ Contractor to make arrangements.

3.4 Contractor may need to plow around parked vehicles, in which case Contractor must leave one

(1) to two (2) feet of space between the plow and the vehicles.

3.5 Contractor shall provide salting on an On-Call basis, as directed by UWM Transportation Services, and paid in accordance with the Contract price.

3.6 In cases where snow removal and hauling of snow is required, such removal will be specifically ordered by UWM Transportation Services and paid at the hourly rate provided in this Contract.

3.7 Documentation of depth of snow must accompany invoices. If there is a question about snow fall depth, UWM Transportation Services should be contacted before plowing.

4. LOCATIONS:

Furnish labor and equipment to complete snowplowing and related services at the off-campus CAPITAL/HUMBOLDT UPARK parking facility located at 4300 N. Humboldt Blvd., Milwaukee, WI.

mailto:fisher49@uwm.edu

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Total area is approximately 270,000 sq. ft. The lot is an asphalt surface without wheel stops. The area from which snow is to be removed DOES NOT include the Humboldt Blvd access roadway between Capital Drive and the lot entrance.

5. HOURS OF SERVICE:

5.1 Contractor shall provide snow and ice removal services between the hours of 8:00 PM and 7:00 AM Monday Ȯ Friday.

5.2 All plowing shall be initially completed by 7:00AM Monday Ȯ Friday, unless prior arrangements have been made with UWM Transportation Services.

5.3 If snow continues throughout the day and accumulates more than (2) inches, Contractor shall return to the lot for snow and ice removal services during daytime hours to keep lot in operating condition.

5.4 If snow occurs on a weekend day (Saturday or Sunday) or on a State holiday, the Contractor may plow during regular hours.

5.5 Clean up will not be needed during Winter and Spring break. Dates for non-service will be provided in advance by UWM Transportation Services.

6. PLACEMENT OF SNOW:

6.1 Snow cannot be piled outside the lot perimeter due to environmental issues.

6.2 Snow cannot be piled at the entrances to the lot and by the trailers.

6.3 Snow can be plowed to the back of the parking lot, if needed UWM Transportation Services will contact the Contractor to haul away the snow.

7. EQUIPMENT:

7.1 Contractor shall furnish all equipment, labor and supplies to meet all Bid specifications.

7.2 Con�rac�orȂ�ȱeq�ipmen�ȱandȱma�erialȱ�hallȱno�ȱbeȱ��oredȱa�ȱ�heȱfacili�¢ǰȱ�nle��ȱappro�edȱb¢ȱ

UWM Transportation Services ahead of time.

7.3 Contractor shall always have backup equipment available to complete snow removal services.

7.4 All vehicles including subcontractor vehicles shall be clearly marked and visible to properly identify the company/owner of the vehicle.

7.5 Plo �ȱm���ȱha�eȱradioȱcomm�nica�ionȱ i�hȱ�endorȂ�ȱdi�patch.

8. PROPERTY DAMAGE:

Contractor shall repair property damage that occurs from the performance of the work under this Contract. Damage property shall be restored to its original condition. The repairs shall be completed within a timeframe determined by UWM Transportation Services with consideration of the weather conditions. All repairs shall require final acceptance by UWM Transportation Services.

9. WINTER SEASON MONTHS:

Snow removal services will take place between November 15th to April 15th. If there is a snow event outside of this timeframe, snow removal services must only take place upon receiving specific authorization from UWM Transportation Services. If Contractor is not contacted by a UWM repre�en�a�i�eȱaf�erȱaȱ�no fallȱofȱŘȄȱorȱmore, Contractor may contact UWM representative to request authorization.

10. CERTIFICATES OF INSURANCE:

The Contractor must provide a certificate of insurance indicating coverage meets or exceeds the following mandatory minimum:

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Commercial General Liability ͻ Each Occurrence $1,000,000 ͻ General Aggregate $2,000,000 ͻ Products ʹ Comp/Op Agg $2,000,000

Automobile Liability ͻ Combined Single Limit $1,000,000

Excess/Umbrella Liability ͻ Each Occurrence $1,000,000 ͻ Aggregate $1,000,000

Worker͛s Compensation ͻ Statutory Limits

Employer͛s Liability ͻ Each Accident $100,000 ͻ Disease Each Employee $100,000 ͻ Disease Policy Limit $500,000

**Or such higher limits sufficient for the insurance policies to be scheduled under the Umbrella policy.

On the Certificate of insurance, the Contractor͛s agent shall add, ͞The Board of Regents of the University of Wisconsin System, its officers, employees, and agents ͞as an additional insured under the commercial general and excess/umbrella liability policies. The certificate holder shall be listed as the University of Wisconsin Milwaukee.

11. PAYMENT TERMS:

Payment shall not be made until the snow removal services are determined to meet all specifications, requirements and deliverables and have been accepted by UWM Transportation Services.

11.1 Snow removal services shall be invoiced per the Contract pricing for each snow event. A snow event equals the amount of snow fallen from 7:00 AM of snow fall and 7:00 AM next day. [For e¡ampleǰȱifȱŗŖȄȱofȱ�no ȱfall�ȱbe� eenȱŝDZŖŖȱAM of the first day and 7:00 AM of the second day, and the Contractor plows the facility two times, the Contractor shall invoice for one clearing at �heȱŗŖȄȱra�eǰȱno�ȱ� oȱclearing�ȱa�ȱ�heȱśȄȱra�eǾǯ

11.2 Fuel surcharges shall NOT be allowed during the Contract term.

11.3 Theȱoriginalȱin�oiceȱ�hallȱbeȱ�en�ȱ�oȱ�heȱȃBillȱToȂȱaddre��ȱ�ho nȱonȱ�heȱP�rcha�eȱOrderȱaf�erȱ services are rendered.

11.4 All invoices shall be itemized showing:

a. Purchase order number

b. Contractor name

c. Remit to address and telephone number

d. Contract price(s) and detail of what is being billed

11.5 UWM shall meet a statutory mandate to pay or reject invoices within thirty (30) days of receipt.

Before payment is made, UWM shall verify all invoiced charges are correct and in compliance with the Contract.

12. FAILURE TO PERFORM:

If Contractor fails to perform the Services as required in this Bid or otherwise defaults under the Contract that if formed, UWM in its sole discretion and in addition to any other rights at law or in equity, (1) send notice of default to Contractor and demand strict performance of the terms of the Contract; (2) cancel the Contract by notice to the Contractor, or (3) cure the default, without notice to the Contractor, and deduct the cost to cure and any direct and consequential damages from any payment due to the Contractor at the time of default or coming due thereafter; provided, if no further pa¢men��ȱareȱd�eȱ�oȱ�heȱCon�rac�orǰȱ�henȱCon�rac�orȱ�hallǰȱimmedia�el¢ȱonȱpre�en�a�ionȱofȱUWMȂ�ȱ

4 | P a g e in�oiceǰȱreimb�r�eȱUWMȱforȱ�heȱco���ȱofȱc�ringȱCon�rac�orȂ�ȱdefault and such direct or consequential damages.

13. REASSIGNMENTS:

The Contractor shall utilize, on this Contract, only workers that are skilled in the tasks to which they are assigned. UWM retains the right to require the reassignment of an employee or employees as UWM may deem necessary. Reasons for this request may be, but are not limited to: poor work performance, incompetence, carelessness, intoxication, disruptive or otherwise objectionable behavior.

14. PRICING:

Contractor is required to provide the total cost of equipment or service needed to fulfill the Contract specifications and make the system fully functional. No additional charges will be allowed.

Snow Depth Cost/Event

1 - 2.9" $ 375

3" - 4.9" $ 550

5" - 6.9" $ 800

7" - 9.9" $ 1200

10" or Higher $ 1800

Additional Snow Removal Services outside Snow Event Plowing:

Services Hourly Rate

Snow Removal Services (Plowing) $ 95 / Hour

Snow Removal Services (Shoveling) $ 45 / Hour

Salt Ȯ (Sodium Chloride) $ .09 / lbs. applied

Do you have a minimum hour, or trip charge, for additional snow removal services? If yes, please list here: typically, 1.5 hour. 1 hour to and from site and mobilization time plus 1/2 hr. min on site.

Generally, around one hour.

Special Order Snow Hauling, per Equipment Used:

Equipment Used Hourly Rate

Small Bucket Loader $ 95

Large Bucket Loader $ 135

Small Dump Truck $ 100

Other Equipment Ȯ Please specify $ 105 Equipment: Sidewalk machines, shovel crew, wheel loaders, quad axles

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Prices shall remain firm for the first year of the Contract. There will be a maximum one-time price increase allowed during each additional period to occur at least sixty (60) days before the new renewal period. The price change requests must be supported by documented increases in the cost to the Contractor which are demonstrated to be industry wide. Price change requests must go to and be approved by Colleen Fisher, fisher49@uwm.edu.

Invoices will be paid accordingȱ�oȱ�heȱc�rren�ȱpriceȱonȱfileȱa�ȱ�heȱUWMȂ�ȱP�rcha�ingȱOfficeȱa�ȱ�heȱ�imeȱ of service.

15. ENTIRE AGREEMENT/ORDER OF PRIORITY

TheȱRFBǰȱ�heȱBidderȂ�ȱre�pon�eǰȱandȱan¢ȱ ri��enȱcomm�nica�ionȱincorpora�edȱin�oȱ�heȱCon�rac�ȱ constitute the entire Contract between the parties. The order of priority in interpreting the Contract shall be as follows: (1) The resulting Official Purchase Order, (2) This Contract, (3) the original Bid Doc�men�ǰȱincl�dingȱan¢ȱamendmen��Ȧa��achmen��DzȱandȱǻŚǼȱ�heȱ��cce��f�lȱBidderȂ�ȱre�pon�e to RFB.

Any Contract terms and conditions provided by the Bidder, including but not limited to click-on/click-through agreements provided to the Bidder; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by �heȱS�cce��f�lȱBidderǻ�Ǽȱ�nle��ȱagreedȱ�oȱinȱaȱ ri��enȱamendmen�ȱ�ignedȱb¢ȱUWMȂ�ȱP�rcha�ingȱOfficeǯ

16. CONTRACT CANCELLATION:

UWM may cancel this agreement, either in whole or in part, at any time by giving Contractor thirty (30) da¢�Ȃȱno�iceȱinȱ ri�ingǯȱȱ

UWM reserves the right to cancel any Contract in whole or part without penalty due to the non-appropriation of funds.

17. WISCONSIN COOPERATIVE PURCHASING SERVICES:

Commodities and services may be made available to Municipalities upon agreement of the Contractor.

Where requested by the State, and agreed to by the Contractor, Municipalities shall be able to obtain the commodities and service procured under the Contract at the same rates agreed to by UWM and the Con�rac�orǯȱȱAȱȃm�nicipali�¢Ȅȱi�ȱdefinedȱa�ȱan¢ȱco�n�¢ǰȱci�¢ǰȱ�illageǰȱ�o nǰȱ�choolȱdi��ric�ǰȱorȱan¢ȱo�herȱ public having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with state or any municipality under ss. 66.0301(1) and (2), Wis. Stats. Interested municipalities will a) contact the contractor directly to place orders referencing the state agency contract number, and b) are responsible for receipt, acceptance, and inspection of commodities directly from the contractor, and making payment directly to the contractor. UWM is not party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases. Contractor has agreed to furnish the commodities or services of this Contract to Wisconsin municipalities with the following special conditions noted; a) Vendor may specify a minimum order size by volume or dollar amount, additional charges beyond normal delivery area, or other minimal charges for municipalities and b) Special conditions (if applicable).

mailto:fisher49@uwm.edu

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For State of Wisconsin on behalf of the For Board of Regents for the University of Contractor Name Wisconsin System for the University of Wisconsin Milwaukee Contractor's Title

By:

Colleen Fisher, Procurement Specialist Contractor Signature

Date Date

9/16/2021

President

Andrew Novak fisher49 Typewritten Text 9/17/21